Affenyi and Others Vrs Abosso Goldfields Ltd [2018] GHASC 15 (8 March 2018)

Affenyi and Others Vrs Abosso Goldfields Ltd [2018] GHASC 15 (8 March 2018)

Section 71(1) of PNDCL 153 entitles owners or occupiers of land directly affected by mineral operations to compensation, even if the land is not within the mining lease, and compensation for disturbance to respondents' farming activities is payable; Act 703 does not apply retroactively.

Citation
[2018] GHASC 15
Parties
Plaintiffs/respondents/respondents: Nicholas Affenyi & 76 Ors; Defendant/appellant/appellant: Abosso Goldfields Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 March 2018
Procedural Posture
Civil Appeal / Final Appeal Supreme Court Judgment
Outcome
appeal dismissed; judgment of the Court of Appeal upheld on different grounds
Legal Topics
Statutory Compensation for Disturbance, Scope of Compensation Under Mining Law, Retroactivity of Statutes
Source Language
English
Mining Law Compensation Law Statutory Interpretation Statutory Compensation for Disturbance Scope of Compensation Under Mining Law Retroactivity of Statutes

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Parties

Nicholas Affenyi & 76 Ors

Plaintiffs/respondents/respondents

Abosso Goldfields Limited

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Appeal Supreme Court Judgment

Legal Issues

  1. 1 Whether Section 71(1) of the Minerals and Mining Act, 1986 (PNDCL 153) limits compensation to lands designated in a mining lease
  2. 2 Whether compensation is payable for disturbance to lands not within the mining lease but affected by mining operations
  3. 3 Whether the Minerals and Mining Act, 2006 (Act 703) applies retroactively

Ratio Decidendi

Section 71(1) of PNDCL 153 entitles owners or occupiers of land directly affected by mineral operations to compensation, even if the land is not within the mining lease, and compensation for disturbance to respondents' farming activities is payable; Act 703 does not apply retroactively.

Court Disposition

appeal dismissed; judgment of the Court of Appeal upheld on different grounds

Orders

  • Land Valuation Board to assess compensation payable for loss of respondents' farms
  • Reasons of the Supreme Court substituted for those of the lower courts